Chapter V

Management

Article 25: Judges shall be subjected to personnel ration management. The staff quota of judges is determined based on the number of cases, the level of economic and social development, the population, and the level of people's courts. Total staffing control and dynamic management shall be implemented in provinces, autonomous regions, and municipalities directly under the central government, whilst top priority be given to the case handling needs of the primary-level people's courts and the people's courts with big caseloads handling.

Judge post vacancies shall be filled in accordance with procedures in a timely manner.

The number of the judge posts of the Supreme People's Court shall be determined by the Supreme People's Court in consultation with the relevant departments. 

Article 26: Judges shall be subject to a separate ranking system. 

Judges shall be divided into 12 grades, which, in the order of seniority, are Chief Justice, Class I Justice, Class II Justice, Class I Senior Judge, Class II Senior Judge, Class III Senior Judge, Class IV Senior Judge, Class I Judge, Class II Judges, Class III Judge, Class IV Judge and Class V Judge. 

Article 27: The President of the Supreme People's Court shall be the Chief Justice.

Article 28: The grades of judges shall be determined based on their ethical integrity, professional competence, practical work performance, and seniority.

Judges shall have regular promotions and selective promotions, and those handling frontline cases who excel or are indispensable may have selective promotions. 

Article 29: The State shall separately provide the measures for establishing and determining judges' grades and the measures for judges' promotion.

Article 30: New judges shall be given pre-service training.

Article 31: Political, theoretical, and professional training for judges shall be carried out in a planned way.

The principles of integrating theory with practice, giving lectures in light of the needs and emphasizing practical results shall be applied in judge training.

Article 32: The training results of judges shall be a basis for their appointment and promotion.

Article 33: Judge training institutions shall undertake the task of training judges in accordance with relevant regulations.

Article 34: Where a judge applies for resignation, he shall present an application in written form. After the application is approved, he shall be removed from his post in accordance with the procedure provided by law. 

Article 35: A judge shall be removed from office in accordance with the procedure provided by law.

The dismissal of a judge shall be decided in accordance with the administrative authority, and the decision shall be delivered in writing to the judge in question with the reasons and grounds for the dismissal specified therein.

Article 36: A judge shall not act as an agent ad litem or a defender in the capacity of a lawyer within two years of leaving his post at a people's court.

After leaving his post at a people's court, a judge shall not act as an agent ad litem or defender in the cases handled by that people's court, except for acting as the representative in a lawsuit, or defending a case, as the guardian or close relative of the party concerned.

After being dismissed, a judge shall not act as an agent ad litem or defender, except for acting as the representative in a lawsuit, or defending a case, as the guardian or close relative of the party concerned.

Article 37: To meet the need of his work, and upon the appointment or approval of the people's court he works for, a judge may assist in practical teaching and research work in institutions of higher learning or research institutes in compliance with relevant State regulations.

Chapter VI

Appraisal, Awards, and Disciplinary Actions

Article 38: A people's court shall establish a judge appraisal board to take charge of the appraisal of its judges.

Article 39: A judge appraisal board shall have five to nine members.

The president of a people's court shall be the chairperson of the judge appraisal board. 

Article 40: Appraisal of judges shall be thorough, objective and impartial and be carried out on a routine and annual basis.

Article 41: Appraisal of judges include their practical work performance, professional ethics, professional competence, working ability and conduct. Emphasis shall be laid on practical work performance.

Article 42: Annual appraisal results shall consist of four grades: excellent, competent, basically competent, and incompetent.

A judge's appraisal result shall be the basis of grade and salary adjustment and the giving of award, punishment, removal, demotion, or dismissal.

Article 43: A judge's appraisal result shall be delivered to him in writing. Where the judge disagrees with the results, he may apply for a review.

Article 44: The judges who have made significant achievements and contributions in their work, or performed other outstanding deeds shall be awarded.

Article 45: The judges who have any of the following achievements to their credit shall be awarded:

(1) Having made notable achievements in enforcing laws impartially; 

(2) Having gained outstanding practical work experience, which can be a good guide to judicial work; 

(3) Having made remarkable contributions to and achievements in handling of major cases or emergencies, or undertaking special, important tasks; 

(4) Having made proposals for judicial reform, which have been adopted with remarkable results;

(5) Having made judicial proposals that have been adopted or having promoted the rule of law and resolved disputes with remarkable results; or

(6) Having performed other meritorious deeds.

Awards shall be granted to judges in accordance with relevant regulations. 

Article 46: A judge who has committed any of the following acts shall be given sanctions. Where the case constitutes a crime, he shall be investigated for criminal responsibility.

(1) Having engaged in embezzlement, accepted bribes, practiced favoritism, or perverting the course of justice; 

(2) Having concealed, falsified, altered, or intentionally damaged evidence or case documents; 

(3) Having divulged State secrets, judicial secrets, trade secrets or personal privacy; 

(4) Having intentionally violated laws and regulations in handling cases;

(5) Having wrongly handled a case and caused heavy losses due to gross negligence; 

(6) Having delayed the handling of a case and affected work adversely; 

(7) Having abused his powers to seek personal gain for himself or for others; 

(8) Having accepted the illegal transfer of interests from a party or the party's agent, or met with a party or the party's agent in violation of relevant regulations; 

(9) Having engaged or participated in for-profit activities in violation of relevant regulations or concurrently holding posts in enterprises or other for-profit organizations; or

(10) Having committed other acts in violation of disciplines or laws. 

The sanction of a judge shall be imposed in accordance with relevant regulations. 

Article 47: Where a judge is not fit to continue work because he is suspected of violating disciplines or laws and has been placed on file for investigation, he shall be suspended from work in accordance with the administrative authority and prescribed procedures. 

Article 48: The Supreme People's Court and the provinces, autonomous regions, and municipalities directly under the central government shall set up judge disciplinary boards, which are dedicated to investigating and identifying in terms of professionalism the violations of the judicial duties as prescribed in Subparagraphs(4) and (5) in Article 46 of this Law, and render decisions such as intentional breach of duties, gross negligence, ordinary negligence or no breach of duties. After a judge disciplinary board renders a decision, the people's court shall, in accordance with relevant provisions, decide on whether or not to impose punishment and deal with the matter accordingly. 

A judge disciplinary board shall be composed of judges, other members of the legal profession, and representatives of relevant parties, at least half of whom shall be judges. 

The daily work of the judge disciplinary board of the Supreme People's Court and the provincial-level judge disciplinary boards shall be undertaken by the internal functional departments of relevant people's courts. 

Article 49: When a judge disciplinary board reviews disciplinary matters, the judge in question is entitled to apply for the interested persons recusing themselves, and to make statements, provide evidence and defend himself.

Article 50: The decision rendered by a judge disciplinary board shall be delivered to the judge concerned. Where the judge in question disagrees with the decision, he may voice his objection to the judge disciplinary board, which shall review the objection and the reasons thereof, and make a decision.

Article 51: The specific procedure by which the judge disciplinary boards review disciplinary matters shall be determined by the Supreme People's Court in consultation with the relevant departments.

Chapter VII

Professional Guarantee

Article 52: People's courts shall set up boards to protect the legitimate rights and interests of their judges, and ensure that they perform their duties in accordance with the law.

Article 53: A judge shall not be transferred from his judicial post, except in the following circumstances: 

(1) Where he needs to recuse himself from the post in accordance with regulations; 

(2) Where he is transferred to another post in accordance with regulations;

(3) Where adjustment of his post is required where his institution is restructured, abolished, or merged, or cuts its staffing and number of judges; 

(4) Where he is unfit for a judicial post due to violation of disciplines or laws; and 

(5) Where other circumstances provided by law occur. 

Article 54: No entity or individual shall require judges to engage in any matter beyond the scope of their statutory functions and duties hereof. 

The judges shall be entitled to refuse and fully and truthfully record and report any act that interferes with their handling of cases; in case of any violation of disciplines or laws, relevant authorities shall, in light of the seriousness of the case, hold the relevant persons accountable.

Article 55: The professional dignity and personal safety of judges is protected by law. 

No entity or individual shall retaliate against judges or their close relatives. 

Severe punishment shall be imposed upon unlawful and criminal acts against judges or their close relatives in accordance with the law, such as retaliation or making false charges, or insults and slander, use of violence, threats and intimidation, or provocation or harassment .

Article 56: Where the reputation of a judge is damaged due to false reports, false accusation, defamation or slander for performing his duties in accordance with the law, the people's court shall, in conjunction with relevant departments, promptly clarify facts, eliminate the negative impact, and hold the relevant entities or individuals accountable in accordance with the law.

Article 57: Where the personal safety of a judge or his or her close relatives is at risk due to performance of his or her duties in accordance with the law, the people's court or public security organ shall take necessary measures such as to protect the personal safety of the judge and his close relatives, and to prohibit certain persons from approaching them.

Article 58: Judges shall be subject to a salary system in which they receive salaries and benefits commensurate with their duties and based on their grades, as are provided by the State, and have salary increases in step with those of civil servants. 

The salary system for judges shall be established by the State based on the characteristics of judicial work. 

Article 59: Judges shall receive salary increases on a regular basis. 

The salary of a judge may be raised in accordance with regulations who has been confirmed through annual appraisal as being excellent or competent.

Article 60: Judges are entitled to subsidies, allowances, bonuses, insurance benefits, and other forms of benefits as prescribed by the State. 

Article 61: Where a judge becomes disabled in line of duty, he shall enjoy the benefits provided by the State for the disabled. Where a judge died on duty or of illness, his relatives shall enjoy the pension and other benefits from the State.

Article 62: The retirement system for judges shall be established by the State based on the characteristics of judicial work.

Article 63: Retired judges are entitled to the pension and other benefits provided by the State. 

Article 64: A judge has the right to make a complaint against an act of a State organ or any of its functionaries commits infringing upon the judges' rights specified in Article 11 of this Law.

Article 65: Where a sanction or personnel-related decision is wrongly imposed upon a judge, corrections shall be made without delay. Where the judge‘s reputation has been damaged thereby, his reputation shall be rehabilitated, the ill effects shall be eliminated, and an apology shall be made; where financial losses are caused to the judge, compensation shall be made. The persons who are directly responsible for retaliation shall be held accountable in accordance with the law.

Chapter VIII

Supplementary Provisions

Article 66: The State implements a uniform legal professional qualification examination system for new judges, which is organized and implemented by the judicial administrative department under the State Council in consultation with the Supreme People's Court and other relevant departments. 

Article 67: Judges' assistants of people's courts shall be responsible for judicial support matters, such as examination of case materials and drafting of legal documents, under the guidance of judges. 

People's courts shall strengthen the cultivation of judges' assistants, for the purpose of selecting talent for judges.

Article 68: Where this Law already provides for the rights, obligations, and administration systems for judges, the provisions of this Law shall apply; in the absence of any provisions in this Law, the relevant laws and regulations on the administration of civil servants shall apply.

Article 69: This Law shall come into force as of October 1, 2019.